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BERISFORD CAPITAL CORP. v. SYNCOM CORP.

No. 86 Civ. 2965 (MP).

650 F.Supp. 999 (1987)

BERISFORD CAPITAL CORPORATION, Plaintiff, v. SYNCOM CORPORATION, Foothill Capital Corporation, Martin Panich and Kenneth Thenen, Defendants.

United States District Court, S.D. New York.

January 16, 1987.

Attorney(s) appearing for the Case

Baer Marks & Upham, New York City by Barry J. Mandel, Allan Dinkoff, Terri J. Combs, for plaintiff.

Otterbourg, Steindler, Houston & Rosen, New York City by Kurt J. Wolff, Lloyd M. Green, Diane B. Kaplan, Peter Feldman, for defendant Foothill Capital Corp.

OPINION

MILTON POLLACK, Senior District Judge.

Defendant Foothill Capital Corporation has moved to strike the demand for a jury made by plaintiff Berisford Capital Corporation. Foothill urges that, pursuant to Rule 38(d) of the Federal Rules of Civil Procedure, Berisford waived its right to a jury on all issues raised in its original complaint when it failed to make its demand within 10 days of the last pleading directed to that complaint. Berisford urges...

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